4. The President may constitute under appropriate names so many subordinate courts as he shall think fit, and shall appoint some place or places as the court house or court houses of each such court.

Seals of courts

5. The subordinate courts shall have and use as occasion may require a seal or seals of such nature as the Chief Justice may, by notification in the Gazette3, prescribe.

3 N 1, 1997 Ed. (S 230/75).

Process of courts

6. Subject to Rules of Court, all writs, summonses, warrants, orders, notices and other mandatory processes issued by the subordinate courts shall be signed by a judicial officer and shall bear the seal of the court issuing the same.

[3/87]

Sittings of subordinate courts

6A.

—(1) Subject to subsection (2), every subordinate court shall sit on every day of the year except on Saturdays, Sundays and public holidays.

[8/98; 2/2007]

(2) Notwithstanding subsection (1), a judicial officer may lawfully sit on a Saturday, Sunday or public holiday or during a vacation authorised under section 61 if —

(a)

the Chief District Judge, with the concurrence of the Chief Justice, has directed the judicial officer to sit on that day or during that vacation; or

(b)

in the opinion of the judicial officer, the business to be despatched is extremely urgent.

[8/98; 2/2007]

(3) Every subordinate court shall sit at such times as the Chief Justice may from time to time appoint.

[8/98]

Sittings in camera, etc.

7.

—(1) The place in which any subordinate court is held shall be deemed an open and public court to which the public generally may have access.

(2) A subordinate court shall have power to hear any proceedings or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public security or propriety, or for other sufficient reason to do so.

(2A) A subordinate court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason to do so, order that —

(a)

the name, address or photograph of any witness; or

(b)

any evidence or any other thing likely to lead to the identification of such witness by a person other than the party to that matter or proceeding,

which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted.

publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; or

(b)

do any other act which is likely to lead to the identification of such a witness.

(4) Any person who acts in contravention of any order under subsection (2A) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Contempt

8.

—(1) The subordinate courts shall have power to punish for contempt of court where the contempt is committed —

(a)

in the face of the court; or

(b)

in connection with any proceedings in the subordinate courts.

[4/96]

(2) Where contempt of court is committed in the circumstances mentioned in subsection (1), the court may impose imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000 or both.

[4/96]

(3) The court may discharge the offender or remit the punishment if the court thinks it just to do so.

[4/96]

(4) In any case where the contempt is punishable as an offence under section 175, 178, 179, 180 or 228 of the Penal Code (Cap. 224), the court may, in lieu of punishing the offender for contempt, refer the matter to the Public Prosecutor with a view to instituting criminal proceedings against the offender.

[4/96]

PART III

APPOINTMENTS, POWERS AND DUTIES

Appointments and qualifications of District Judges

9.

—(1) A District Court shall be presided over by a District Judge appointed by the President on the recommendation of the Chief Justice.

(2) For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Chief District Judge who shall have seniority over all other District Judges.

(4) Any person appointed to be or to act as a District Judge shall, although the period of his appointment has expired or his appointment has been revoked, sit as a District Judge for the purpose of giving judgment or otherwise in relation to any case heard by him.

(5) Every person appointed to be or to act as a District Judge shall be ex officio a Magistrate.

Appointments and qualifications of Magistrates

10.

—(1) The President may, on the recommendation of the Chief Justice, appoint any fit and proper person to be a Magistrate .

—(1) The President may, by warrant under his hand, appoint fit and proper persons to be Justices of the Peace.

(2) Justices of the Peace shall have and may exercise such powers and perform such duties of a Magistrate as may be conferred on them by any written law.

Appointments and qualifications of registrar and deputy registrars of subordinate courts

12.

—(1) There shall be appointed by the Chief Justice a registrar and so many deputy registrars as may be necessary for the subordinate courts.

(2) No person shall be appointed to be or to act as registrar unless he is a qualified person as defined in section 2 of the Legal Profession Act, except that the Chief Justice may, in his discretion, appoint any person who is not a qualified person under that Act.

(3) The registrar and the deputy registrars shall be ex officio commissioners for oaths.

Powers and duties of deputy registrars

13. Subject to Rules of Court, all the powers and duties conferred and imposed on the registrar may be exercised by a deputy registrar.

Subordinate court officers

14. There shall be attached to the subordinate courts such commissioners for oaths, interpreters, clerks, bailiffs, process servers and other officers as, from time to time, may appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the subordinate courts.

Powers and duties of certain subordinate court officers

15. The bailiffs and process servers shall —

(a)

execute all writs, summonses, warrants, orders, notices and other mandatory processes of the subordinate courts given to them;

(b)

make a return of the same together with the manner of the execution thereof to the court from which the process issued; and

(c)

arrest and receive all such persons and property as are committed to the custody of the subordinate courts.

Solicitor, etc., authorised to act as bailiff

15A.

—(1) Subject to such directions as may be given by the Chief District Judge, the registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the registrar thinks fit and subject to such terms and conditions as the registrar may determine.

[15/93]

(2) Section 68(2) shall apply to a solicitor or person authorised under subsection (1) as it applies to an officer of a subordinate court.

[15/93]

Special powers of bailiffs

16. The bailiffs in executing any writ of seizure and sale or any other writ of execution or of distress may effect an entry into any building, and for that purpose, if necessary, may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry.

Oaths of judicial officers and certain other officers

17.

—(1) All judicial officers and such other officers of the subordinate courts as may be required by the Chief Justice shall, before exercising the functions of their respective offices, take and subscribe the appropriate oath of office and allegiance set out in the Schedule.

(2) The oath referred to in subsection (1) may be taken and subscribed before the Chief District Judge or a Judge of the Supreme Court.

(3) Where the oath is taken before the Chief District Judge, he shall —

(a)

enter in the record of his court that the oath was duly administered and taken before him; and

(b)

transmit a certified copy of the entry to the Registrar of the Supreme Court.

Appointments and revocations to be gazetted

18. All appointments and revocations made under this Part shall be published in the Gazette.

PART IV

JURISDICTION

Civil Jurisdiction of District Courts

General civil jurisdiction

19.

—(1) A District Court exercising civil jurisdiction shall be a court of record.

(2) Subject to subsections (3) and (4), a District Court shall have all the jurisdiction of the High Court to hear and try any action in personam where —

(a)

the defendant is served with a writ of summons or any other originating process —

—(1) Where the amount claimed in an action exceeds the District Court limit, or any remedy or relief sought in an action is in respect of a subject-matter the value of which exceeds the District Court limit, and a District Court would have jurisdiction under section 19(2) to hear and try the action if the amount or value, as the case may be, did not exceed the District Court limit, the plaintiff may abandon the excess amount or that remedy or relief, as the case may be, and thereupon a District Court shall have jurisdiction under section 19(2) to hear and try the action, provided that the plaintiff —

(a)

shall not recover in the action an amount exceeding the District Court limit; and

(b)

shall not obtain in the action any remedy or relief in respect of a subject-matter the value of which exceeds the District Court limit.

(2) Where a District Court has jurisdiction to hear and try an action by virtue of this section, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action.

[15/93]

Jurisdiction by agreement in certain actions

23. Where the parties to an action agree, by a memorandum signed by them or their respective solicitors, a District Court shall have jurisdiction under section 19(2) to hear and try the action notwithstanding that —

(a)

the amount claimed in the action exceeds the District Court limit; or

(b)

any remedy or relief sought in the action is in respect of a subject-matter the value of which exceeds the District Court limit.

25. Without prejudice to the generality of section 19, a District Court shall have jurisdiction under section 19(2) to hear and try any action for the recovery of immovable property with or without a claim for rent or mesne profits and whether or not the title to the property is in dispute, where —

the annual rent payable by the tenant does not exceed the District Court limit or the monthly rent payable by the tenant does not exceed one-twelfth of the District Court limit; or

(c)

if the annual value, annual rent or monthly rent cannot be ascertained, the last transacted price of the property does not exceed 10 times the District Court limit.

[15/93]

Equity jurisdiction

26. Without prejudice to the generality of section 19, a District Court shall have jurisdiction under section 19(2) to hear and try any of the following proceedings:

(a)

proceedings for the administration of the estate of a deceased person, where the amount or value of the estate does not exceed the District Court limit;

(b)

proceedings for the execution of any trust or for a declaration that a trust subsists, where the amount or value of the property subject, or alleged to be subject, to the trust does not exceed the District Court limit;

(c)

proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the District Court limit;

(d)

proceedings for the specific performance, or for the rectification, delivery up or cancellation of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money or, in the case of a lease, the amount or value of the property does not exceed the District Court limit;

(e)

proceedings relating to the maintenance or advancement of an infant, where the amount or value of the property of the infant does not exceed the District Court limit;

(f)

proceedings for the dissolution or winding up of any partnership (other than a limited liability partnership registered under the Limited Liability Partnerships Act 2005), whether or not the existence of the partnership is in dispute, where the amount or value of all the assets of the partnership does not exceed the District Court limit;

(g)

proceedings for relief against fraud or mistake where the damage sustained or the amount or value of the estate or fund in respect of which relief is sought does not exceed the District Court limit.

[15/93; 5/2005]

Jurisdiction to grant probates

27. A District Court shall have jurisdiction to grant probate or letters of administration in respect of the estate and effects within Singapore of any deceased person, where the estate and effects in respect of which the grant is applied for, exclusive of what the deceased was possessed of or entitled to as a trustee and not beneficially, but without deducting anything on account of the debts due or owing from the deceased, do not exceed in value the District Court limit; and may alter, revoke or annul the same.

[6/76; 3/86; 15/93]

Jurisdiction to issue writ of distress

28. A District Court shall have jurisdiction under the Distress Act (Cap. 84) in all cases where the amount of rent distrained or to be distrained does not exceed the District Court limit.

[15/93]

Jurisdiction to grant relief by interpleader

29.

—(1) Without prejudice to the generality of section 19, a District Court shall have jurisdiction under section 19(2) to grant relief by way of interpleader —

(a)

where a bailiff of a District Court is charged with the execution of any writ or order of the Court and claim is made to any money or other movable property taken or intended to be taken in execution of the writ or order, or to the proceeds or value of any such property, by any person other than the person against whom the writ or order was issued or made; and

(b)

where the person seeking relief is under liability for any debt, money, or other movable property of which the amount or value does not exceed the District Court limit and for or in respect of which he has been or expects to be sued by 2 or more parties making adverse claims thereto.

[6/76; 3/86; 15/93]

(2) If it appears to the High Court that any proceedings in the High Court by way of interpleader, in which the amount in dispute or value of the subject-matter does not exceed the District Court limit, may be more conveniently tried in a District Court, the High Court may at any time order that the proceedings be transferred to a District Court.

[6/76; 3/86; 15/93]

Variation of District Court limit

30. The President may, after consulting the Chief Justice, by order vary the District Court limit mentioned in any of the foregoing provisions.

[15/93]

Powers of District Court same as High Court

31.

—(1) A District Court, as regards any action within its jurisdiction, shall in any proceedings before it —

(a)

grant such relief, redress or remedy or combination of remedies, either absolute or conditional; and

(b)

give such and the like effect to every ground of defence or counterclaim equitable or legal,

as ought to be granted or given in the like action by the High Court and in as full and ample a manner.

[15/93]

(2) Without prejudice to the generality of subsection (1), a District Court shall, as regards any action within its jurisdiction, have power —

(a)

to grant an injunction whether or not any other relief is or could be claimed;

(b)

to make binding declarations of rights whether or not any consequential relief is or could be claimed; and

[15/93]

(c)

to order medical examination of a person who is a party to any proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings.

32. A District Judge shall have power in any civil proceeding pending in a District Court to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the High Court, might be made or exercised by a Judge of the High Court in chambers.

[15/93]

Assessors

33.

—(1) In any proceedings, a District Judge may, if he thinks fit on the application of any party, or on his own motion, summon to his assistance, in such manner as may be prescribed by Rules of Court, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the District Judge and act as assessors.

[15/93]

(2) Subject to subsection (3), the remuneration of assessors for sitting under this section shall be at such rate as may be prescribed by Rules of Court and shall be costs in the proceedings unless otherwise ordered by the District Judge.

[15/93]

(3) Where one or more assessors are summoned for the purposes of this section otherwise than on the application of a party to the proceedings, the remuneration of any such assessor shall be payable out of moneys provided by Parliament.

[15/93]

(4) Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.

[15/93]

Jurisdiction of registrar

34. Any jurisdiction and powers conferred on a District Court by this Act or any other written law relating to civil proceedings may be exercised to the extent authorised by this Act or any other written law or Rules of Court, by the registrar.

Division of causes of action

35. A cause of action shall not be divided for the purpose of bringing 2 or more actions.

Examination of witnesses abroad in District Court cases

36.

—(1) The High Court shall, on application made in the manner prescribed by Rules of Court, have the same power to issue a request or an order to examine witnesses abroad for the purpose of civil proceedings in a District Court as it has for the purpose of an action or matter in the High Court.

(2) Where such an application is made, the High Court may, if it thinks fit, order the proceedings to be transferred to the High Court.

General power to transfer from High Court to District Court

37. [Repealed by Act 26 of 2005]

General power to transfer from District Court to High Court

38. [Repealed by Act 26 of 2005]

Costs of certain actions commenced in High Court which could have been commenced in a subordinate court

39.

—(1) Where an action is commenced in the High Court which could have been commenced in a subordinate court, then, subject to subsections (3) and (4), the plaintiff —

(a)

if he recovers a sum not exceeding the District Court limit, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a District Court; and

(b)

if he recovers a sum not exceeding the Magistrate’s Court limit, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a Magistrate’s Court.

[15/93]

(2) For the purposes of subsection (1)(a) and (b), a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of contributory negligence on his part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a subordinate court.

[15/93]

(3) Where a plaintiff is entitled to costs on the subordinate courts scale only, the Registrar of the Supreme Court shall have the same power of allowing any items of costs as a District Judge or Magistrate would have had if the action had been brought in a subordinate court.

[15/93]

(4) In any action, the High Court, if satisfied —

(a)

that there was sufficient reason for bringing the action in the High Court; or

(b)

that the defendant or one of the defendants objected to the transfer of the action to a subordinate court,

may make an order allowing the costs or any part of the costs thereof on the High Court scale or on the subordinate courts scale as it may direct.

[15/93]

(5) This section shall not apply in the case of any proceedings by the Government.

[15/93]

(6) This section shall not affect any question as to costs if it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the amount recoverable in an action commenced in a subordinate court.

[15/93]

Costs in cases transferred from one court to another

40. [Repealed by Act 26 of 2005]

Allocation of proceedings to High Court

41.

—(1) The Chief Justice may, where he considers it necessary or expedient to improve efficiency in the administration of justice and to provide for more speedy disposal of proceedings commenced in the District Courts, by order direct such class or classes or description of proceedings as may be specified in the order to be heard and determined by the High Court.

[15/93]

(2) Any order under subsection (1) may make such incidental provision for the transfer of the proceedings to the High Court (including matters relating to procedure and costs) as the Chief Justice thinks fit.

[15/93]

Finality of judgments and orders of District Court

42. Every judgment and order of a District Court exercising civil jurisdiction shall, except as provided by this Act, any other written law or Rules of Court, be final and conclusive between the parties.

Satisfaction of judgments and orders for payment of money

43.

—(1) Where a judgment is given or an order is made by a District Court under which any sum of money is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the Court may, as it thinks fit, order the money to be paid either —

(a)

in one sum, whether immediately or within such period as the Court may fix; or

(b)

by such instalments payable at such times as the Court may fix.

(2) If at any time it appears to the satisfaction of a District Court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment thereof, the Court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the Court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

(3) Where an order for payment by instalments is made, the payment shall be made into court and no execution shall issue, except with the leave of the District Court.

—(1) If a judgment or order of a District Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may prepare a deed, document or indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to a District Court for execution upon the proper stamp, if any is required by law, and the signature thereof by the registrar, by order of the District Court, shall have the same effect as the execution, signing or indorsement thereof by the party ordered to execute.

[20/99]

(2) Nothing in this section shall be held to abridge the powers of a District Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such instrument.

[20/99]

District Court may forward judgment to High Court for execution

46. [Repealed by Act 15 of 1993]

General provision relating to civil appeals

47. Subject to the provisions of the Supreme Court of Judicature Act (Cap. 322) relating to civil appeals from the subordinate courts to the High Court, Rules of Court shall regulate and prescribe the procedure on appeals from a District Court exercising civil jurisdiction to the High Court.

Agreement not to appeal

48. No appeal shall lie from any judgment or order of a District Court exercising civil jurisdiction if, before the judgment or order is given or made, the parties agree in writing signed by them or their solicitors that it shall be final.

Appeal not to operate as stay of execution

49.

—(1) An appeal from a District Court exercising civil jurisdiction shall not operate as a stay of execution or of proceedings under the judgment or order appealed from, unless the District Court or the High Court so orders.

(2) No intermediate act or proceeding shall be invalidated except so far as the High Court may direct.

the jurisdiction and powers conferred on it by the Criminal Procedure Code (Cap. 68) and any other written law; and

(b)

without prejudice to the generality of paragraph (a), the power to order medical examination of a person who is an accused in any criminal proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings.

the jurisdiction and powers conferred on it by the Criminal Procedure Code (Cap. 68) and any other written law; and

(b)

without prejudice to the generality of paragraph (a), the power to order medical examination of a person who is an accused in any criminal proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings.

(1A) The jurisdiction of a Magistrate’s Court under subsection (1) shall not include jurisdiction to hear and try any action where —

(a)

there is no claim for any sum of money;

(b)

the amount claimed in the action exceeds the Magistrate’s Court limit; or

(c)

any remedy or relief sought in the action, in addition or as an alternative to the amount claimed in the action, is in respect of a subject-matter the value of which exceeds the Magistrate’s Court limit.

to order medical examination of a person who is a party to any proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings;

(c)

the power to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the High Court, might be made or exercised by a Judge of the High Court in chambers; and

(2) In exercising its jurisdiction under subsection (1) or powers under subsection (1B), a Magistrate’s Court shall be subject to the same limitations and provisions as are applicable to a District Court under this Act.

(3) The President may, after consulting the Chief Justice, by order vary the Magistrate’s Court limit.

[15/93]

Transfer from Magistrates’ Courts to District Courts

53. [Repealed by Act 26 of 2005]

Judgments and orders of Magistrates’ Courts

54. Every judgment or order of a Magistrate’s Court in the exercise of its civil jurisdiction shall have the same effect (for purposes of appeal or otherwise) and shall be enforced in the same manner as if it were given or made by a District Court.

Transfers of Civil Proceedings

General power to transfer from Magistrate’s Court to District Court

54A.

—(1) Where it appears to a District Court, on the application of a party to any civil proceedings pending in a Magistrate’s Court, that the proceedings, by reason of its involving some important question of law, or being a test case, or for any other sufficient reason, should be tried in the District Court, it may order the proceedings to be transferred to the District Court.

[26/2005]

(2) An order under subsection (1) may be made on such terms as the court sees fit.

[26/2005]

General power to transfer from subordinate courts to High Court

54B.

—(1) Where it appears to the High Court, on the application of a party to any civil proceedings pending in a subordinate court, that the proceedings, by reason of its involving some important question of law, or being a test case, or for any other sufficient reason, should be tried in the High Court, it may order the proceedings to be transferred to the High Court.

[26/2005]

(2) An order under subsection (1) may be made on such terms as the court sees fit.

Explanation.—The intended enforcement overseas of any judgment obtained in the High Court, under any enforcement arrangements currently in force, would ordinarily be sufficient reason for transferring the proceedings to the High Court.

[26/2005]

General power to transfer from High Court to subordinate courts

54C.

—(1) A party to any civil proceedings pending in the High Court may for any sufficient reason at any time apply to the High Court for an order that the proceedings be transferred to a subordinate court.

[26/2005]

(2) Subject to subsection (3), the High Court may, if it thinks fit, and on such terms as it sees fit, and either on its own motion or on application, order that the proceedings be transferred accordingly notwithstanding any other provision of this Act.

[26/2005]

(3) An order under subsection (2) may only be made in respect of such proceedings as could have been commenced in the subordinate court to which the application relates, if the value of the claim had been within the District Court limit or the Magistrate’s Court limit, as the case may be.

Explanation.—The fact that the proceedings fall within the civil jurisdiction of the subordinate courts would not, by itself, ordinarily constitute sufficient reason for transferring the proceedings to the subordinate courts, if enforcement overseas is intended of any judgment obtained in the High Court under any enforcement arrangements currently in force.

[26/2005]

General power to transfer from District Court to Magistrate’s Court

54D.

—(1) A party to any civil proceedings pending in the District Court may for any sufficient reason at any time apply to the District Court for an order that the proceedings be transferred to a Magistrate’s Court.

[26/2005]

(2) Subject to subsection (3), the District Court may, if it thinks fit, and on such terms as it sees fit, and either on its own motion or on application, order that the proceedings be transferred accordingly notwithstanding any other provision of this Act.

[26/2005]

(3) An order under subsection (2) may only be made in respect of such proceedings as could have been commenced in the Magistrate’s Court if the value of the claim had been within the Magistrate’s Court limit.

[26/2005]

Transfer of counterclaim from subordinate courts to High Court

54E.

—(1) Where, in any civil proceedings pending in a subordinate court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the District Court limit, any party to the proceedings may apply to the High Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court.

[26/2005]

(2) On any such application or on its own motion, the High Court may, as it thinks fit, and on such terms as it sees fit, order —

(a)

that the whole proceedings be transferred to the High Court;

(b)

that the whole proceedings be tried in the subordinate courts; or

(c)

that the proceedings on the counterclaim or set-off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff’s claim and the defence thereto other than the set-off (if any) be tried in the subordinate courts.

[26/2005]

(3) Where an order is made under subsection (2)(c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.

[26/2005]

(4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in the subordinate courts, such subordinate court shall have jurisdiction to try the proceedings, notwithstanding any other provision of this Act.

[26/2005]

Transfer of counterclaim from Magistrate’s Court to District Court

54F.

—(1) Where, in any civil proceedings pending in a Magistrate’s Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the Magistrate’s Court limit, any party to the proceedings may apply to the District Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the District Court.

[26/2005]

(2) On any such application or on its own motion, the District Court may, as it thinks fit, and on such terms as it sees fit, order —

(a)

that the whole proceedings be transferred to a District Court;

(b)

that the whole proceedings be tried in a Magistrate’s Court; or

(c)

that the proceedings on the counterclaim or set-off and counterclaim be transferred to a District Court and that the proceedings on the plaintiff’s claim and the defence thereto other than the set-off (if any) be tried in a Magistrate’s Court.

[26/2005]

(3) Where an order is made under subsection (2)(c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the District Court at any time otherwise orders, be stayed until the proceedings transferred to the District Court have been concluded.

[26/2005]

(4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in a Magistrate’s Court, the Magistrate’s Court shall have jurisdiction to try the proceedings, notwithstanding any other provision of this Act.

[26/2005]

Costs in cases transferred from one court to another

54G.

—(1) Where proceedings are ordered to be transferred —

(a)

from the High Court to a subordinate court;

(b)

from a subordinate court to the High Court; or

(c)

from one subordinate court to another,

the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred, and that court shall have power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be paid.

[26/2005]

(2) As regards so much of the proceedings in any action transferred from the High Court to a subordinate court as takes place in the High Court before the transfer —

the powers of the High Court under section 39(4) to make an order allowing costs on the High Court scale or on the subordinate courts scale, shall, subject to any order of the High Court, be exercisable by the subordinate court.

—(1) The Registry of the subordinate courts shall be open on every day of the year except on Saturdays, Sundays and public holidays.

[8/98; 2/2007]

(2) Notwithstanding subsection (1), the registrar may lawfully sit or carry out the business of the Registry on a Saturday, Sunday or public holiday if —

(a)

the Chief District Judge, with the concurrence of the Chief Justice, has directed the registrar to do so on that day; or

(b)

in the opinion of the registrar, the business to be despatched is extremely urgent.

[8/98; 2/2007]

(3) The office hours of the Registry shall be such times as the Chief District Judge, with the concurrence of the Chief Justice, may from time to time direct.

[8/98]

Nature of business at any sitting

58. At any sitting of a District Court or a Magistrate’s Court both civil and criminal proceedings may be tried.

Distribution of business

59. The distribution of business in the subordinate courts shall be made in accordance with such directions, which may be of a general or a particular nature, as may be given, with the concurrence of the Chief Justice, by the Chief District Judge.

Office of a court

60.

—(1) There shall be attached to each subordinate court or a number of subordinate courts an office, under whatever name, for the purpose of carrying out the work or business in such court or courts.

(2) Subject to such directions as may be given by the Chief Justice from time to time, the Chief District Judge shall be responsible for the apportionment of the work among the several officers in any such office.

Vacations for District and Magistrates’ Courts

61. The Chief Justice may authorise vacations for District Courts and Magistrates’ Courts in the exercise of their civil jurisdiction not exceeding 15 days in any calendar year.

List of touts

62.

—(1) The Chief District Judge may frame and publish a list of persons proved to his satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons, and may alter and amend the list.

(2) The Chief District Judge may, by general or special order, exclude from the precincts of the subordinate courts any person whose name is included in the list, except when such person is a party to or a witness in any proceedings in a subordinate court, when he shall be allowed to remain for such time as is necessary.

(3) No person’s name shall be included in the list until he has been heard or had an opportunity of being heard against such inclusion.

(4) An appeal shall lie to a Judge of the High Court in chambers from an order made by the Chief District Judge to include a person’s name in the list.

[16/93]

(5) The decision of the Judge of the High Court shall be final.

[16/93]

(6) A copy of the list shall be kept hung up in the office or offices of the subordinate courts and shall be published in the Gazette.

—(1) A subordinate court may order any document produced before it in any proceedings to be impounded.

(2) The document which has been impounded shall not be delivered out of the custody of the court or inspected except on an order signed by a judicial officer.

(3) The court that impounded the document may direct the document to be sent to the Attorney-General, the Commissioner of Stamp Duties or any other officer of the Government.

Disqualification of judicial officers

64.

—(1) Except with the approval of the Chief Justice, a judicial officer —

(a)

shall not be capable of —

(i)

accepting or taking any other office of emolument; or

(ii)

carrying on any business either directly or indirectly; and

(b)

shall not accept any fees of office, perquisites, emoluments or advantages, other than his salary and allowances.

(2) Without prejudice to the generality of subsection (1), a judicial officer may, with the approval of the Chief Justice —

(a)

be appointed to any commission of inquiry, committee of inquiry or other judicial, quasi-judicial or administrative tribunal, or hold any office in any institution or society for charitable purposes or for the advancement or encouragement of art, science, education or other knowledge; and

(b)

receive an allowance or other honorarium in respect of that appointment or office.

65. No judicial officer shall, except with the approval of the Chief Justice and with the consent of the parties, investigate, try or commit for trial any proceedings to which he is a party or in which he is personally interested.

Officers of court not to bid at sales under any written law

66. No officer of the subordinate courts having any duty to perform in connection with the sale of any property under any written law shall, directly or indirectly, purchase or bid for the property.

Misconduct of officers

67.

—(1) Without prejudice to any written law and rules governing the conduct and discipline of public officers, if any officer of a subordinate court is charged —

(a)

with extortion or misconduct while acting under colour of the process of the court; or

(b)

with not duly paying or accounting for any money levied by him under the authority of this Act or Rules of Court,

it shall be lawful for a District Judge nominated by the Chief District Judge to inquire into the matter in a summary manner.

(2) For the purpose of any such inquiry, the District Judge may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced.

(3) On any such inquiry, the District Judge may make such order as he thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to him to be adequate.

(4) If it is found by a District Judge that any officer, while employed in carrying out his duties under this Act or Rules of Court or in exercising any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward, other than such fees as are for the time being allowed under this Act or Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the subordinate courts.

(5) An appeal shall lie to the Chief Justice from an order made by the District Judge under this section.

(6) The decision of the Chief Justice shall be final.

Protection of judicial and other officers

68.

—(1) A judicial officer shall not be liable to be sued for any act done by him in the discharge of his judicial duty whether or not within the limits of his jurisdiction, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.

(2) No officer of a subordinate court charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the subordinate courts shall be liable to be sued for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he knowingly acted in excess of the authority conferred upon him by such writ, summons, warrant, order, notice or other mandatory process of the court in question.

(3) An officer of a subordinate court shall not be deemed to have acted knowingly in excess of his authority merely by reason of the existence of a dispute as to the ownership of any property seized under any writ or order of execution.

(4) No judicial officer, officer of a subordinate court or court-appointed mediator shall be liable to be sued for an act done by him for the purposes of any mediation or other alternative dispute resolution process conducted by him in a subordinate court, if the act —

(2) The power to make Rules of Court shall extend to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgments or orders, in any case within the cognizance of the District Courts and Magistrates’ Courts in the exercise of the civil jurisdiction as to which Rules of Court have been or might lawfully be made for cases within the cognizance of the High Court.

prescribing the office or offices where process may be issued and business other than the hearing of proceedings transacted;

(b)

prescribing the circumstances and procedure by which proceedings may be transferred from one court to another;

(c)

prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a District Judge or Magistrate in court or in chambers may be transacted or exercised by the registrar (including provisions for and concerning appeals from decisions of the registrar);

(d)

directing interest to be paid on debts, including judgment debts, or on sums found due in an administration action, provided that in no case shall any rate of interest exceed 8% per annum unless it has been otherwise agreed between parties;

(e)

regulating the issue of judgment debtor summonses for the discovery of a judgment debtor’s property or means and the procedure and practice relating thereto and the making of orders against judgment debtors for the payment, by instalments or otherwise, of sums due under judgments and orders and the enforcement thereof by committal;

(f)

requiring any party at whose instance —

(i)

any writ of execution;

(ii)

any order of arrest or committal;

(iii)

any order of attachment of property; or

(iv)

any order to bring up a prisoner as a witness,

is issued, to deposit from time to time a sum of money to provide for the expenses of executing the writ or order and of bringing the person to be arrested or the person ordered to be committed before the court or to prison and of his subsistence while in the custody of the bailiff or in prison and of keeping possession of the property attached;

(g)

enabling proceedings —

(i)

to be commenced in a subordinate court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;

(ii)

purporting to have been commenced in a subordinate court by or against a person to be treated, if he was dead at their commencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or letters of administration was made before their commencement; and

(iii)

commenced or treated as commenced in a subordinate court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;

(h)

prescribing the manner in which money in a court is to be dealt with and in particular —

(i)

prescribing that money in court may be kept at a bank, to be approved by the Accountant-General, in the official name of the registrar;

(ii)

regulating the manner in which the court’s bank account shall be operated;

(iii)

requiring the registrar to pay from time to time to the Accountant-General or into the court’s bank account all moneys not required for meeting current demands and to pay to the Accountant-General all sums which have been in the court’s bank account for such period as may be prescribed; and

(i)

prescribing the books, registers and accounts required to be kept by the registrar and bailiffs.

[15/93]

(4) All Rules of Court made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.

PART VI

SUPPLEMENTAL

Conversion of pending petitions to writs of summons and originating summonses

70.

—(1) Where —

(a)

under any written law any civil action or application may be commenced in or made to a District Court, a Magistrate’s Court or the registrar (referred to in this section as the Court); and

(b)

the provisions under any written law by virtue of which such an action or application was required to be commenced or made by way of a petition have been amended such as to require that any such action or application shall, as from the date appointed for the coming into operation of the amendment, be commenced or made by way of a writ of summons or an originating summons,

then, if any such action or application that has been commenced or made before that date by way of a petition is still pending before the Court on or after that date, the Court may, if it thinks just and expedient, order that the action or application (referred to in this section as a pending action or application) shall be converted to and be continued as an action or application commenced or made by way of a writ of summons or an originating summons, as is appropriate.

[42/2005]

(2) The Chief District Judge, with the concurrence of the Chief Justice, may, where he considers it necessary or expedient to improve efficiency in the administration of justice, by order direct that any class or description of pending actions or applications before the Court shall be converted to and be continued as actions or applications commenced or made by way of a writ of summons or an originating summons, as is appropriate.

[42/2005]

(3) Where pursuant to subsection (1) or (2) any pending action or application has been converted to an action or application commenced or made by way of a writ of summons or an originating summons —

(a)

the action or application shall be continued in accordance with the provisions of the relevant written law and the practice and procedure as are in force and applicable in relation to that action or application at the time of the conversion; and

(b)

the Court may give to the parties to the action or application such directions as to the conduct and costs of the action or application as it thinks just and expedient for the purpose of facilitating the conversion of the action or application to an action or application commenced or made by way of a writ of summons or an originating summons (as the case may be) and its continuance as such.

I, ................................................................................................, having been appointed to the office of ................................................................................................ do solemnly swear (or affirm) that I will faithfully discharge my judicial duties and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore.

Taken and subscribed before me at ...................................................... this .............. day of ........................... .

Officer Administering the Oath

2. OATH OF OFFICE OF AN INTERPRETER

I,................................................................................................., having been appointed an interpreter of the .................................................................................... Court do solemnly swear (or affirm) that I will faithfully interpret, translate and transcribe from the .................................................. language into the English language and from the English language into the ................................... language to the best of my knowledge, skill and ability and without fear or favour, affection or ill-will.

Taken and subscribed before me at ............................................................. this ................ day of ......................................... .

Officer Administering the Oath

3. OATH OF OFFICE OF OTHER OFFICER OF A COURT

I,.............................................................................................. , having been appointed to the office of ............................................................................................ in the ................................... Court do solemnly swear (or affirm) that I will not use or exercise my office corruptly during the time that I remain therein, neither will I take or accept by any means whatsoever any fee or reward from any person or persons, but will truly and faithfully and with convenient speed execute the duties assigned to me and will make true and faithful returns as to the manner and time of the execution of all writs, summonses, warrants, orders, notices and other mandatory processes given to me.

Taken and subscribed before me at ................................. this ............................. day of ................................. .

Officer Administering the Oath

LEGISLATIVE HISTORY

Subordinate Courts Act

(CHAPTER 321)

This Legislative History is provided for the convenience of users of the Subordinate Courts Act. It is not part of this Act.